Arizona Assault Laws | Assault Charges in Arizona
Assault Defense Lawyer “..A good Arizona criminal defense or assault defense lawyer who will be your voice, tell your side of the story and present compelling arguments in your defense.” Assault charges in Arizona are very serious. It is important for you to contact a criminal defense attorney who defends assault charges in Arizona to discuss your charges, potential penalties if convicted, and options for Arizona assault defense representation. Most of the best assault defense lawyers and criminal attorneys in Arizona provide free consultations.
In Arizona there are two classifications of assault charges:
1) Misdemeanor assault; Reference Arizona Criminal code A.R.S. 13-1203 2) Felony or “aggravated assault; Ref Arizona Criminal code A.R.S. 13-1204 Both involve harm or intent to harm another person, and both are viewed as serious crimes with harsh penalties. For this reason it is highly recommended that you contact an Arizona criminal defense lawyer to discuss your case and legal representation with an Attorney, who frequently defends and litigates all types of assault cases in Arizona.
Arizona Misdemeanor Assault: An AZ misdemeanor assault involves the following: 1) Intent to harm or subject someone to fear of being harmed. 2) It may or may not include physical injury or contact with intent of causing physical injury. 3) Provocation, causing another person to be reasonably apprehensive that physical injury in imminent. The Arizona prosecution has the burden of proving 4) You intentionally, knowingly, or recklessly caused physical injury and intended to cause harm to another person.
The burden of proof falls on the Arizona prosecution to prove intent and knowledge of the above. Convictions of Arizona misdemeanor assaults can carry up to one year in prison, fines of up to $2,500, fees, and restitution to the victim including payment of medical bills if applicable.
Arizona Felony or Aggravated Assault: Felony or aggravated assaults in Arizona are far more serious than misdemeanor assault charges. Several, aggravating circumstances exist that will elevate an assault to elevated “aggravated” or “felony” assault charges. Here are a few examples, not all inclusive of those circumstances:
1) Causing “serious physical injury” to another person, that creates a reasonable risk of death; 2) Use of a deadly weapon; 3) Assault while a victim is being held against their will, restrained or is for some reason unable to resist; 4) Assault that causes substantial disfigurement or impairment, temporary or permanent; 5) Someone commits assault while violating a valid order of protection or restraining order; 6) A person takes or attempts to gain control of a police officer’s firearm or other weapon; 7) An Arizona assault against a police officer, firefighter, EMT, paramedic, teacher, school employee, or licensed health care professional, engaged in their official duties, or against a prosecutor; 8) An Arizona assault of a person who is eighteen years of age or older and the victim is fifteen years of age or younger.
If convicted, punishments can include lengthy prison sentences, long term felony criminal records that will follow you for a lifetime, exorbitant fines, fees, counseling, restitution to the victim, adverse impacts on your job and future job opportunities, negative impacts on your ability to get credit or loans in the future and any other punishments the Court determines is necessary and appropriate.
Any assault charge should not be taken lightly. Resist the temptation to “tell your side of the story”. Once the police have decided to make the arrest for assault charge, you should exercise your right to remain silent. You may unknowingly harm your case. Many people feel that the Arizona Criminal Justice System is designed only to get convictions, and that the defendant’s side of the story is either disregarded or used against them. It is unfortunate, but there is some truth to this cold fact. Therefore, you best chance at a good outcome is to retain good Arizona criminal defense or assault defense lawyer who will be your voice, tell your side of the story and present compelling arguments in your defense. They will make every effort to get your charges dismissed, reduced to lesser charges, suppress evidence against you and try to get the best possible outcome in your case.
If you have been charged with any Arizona Assault, aggravated assault, Felony Assault, Vehicular Assault, Assault with a dangerous weapon, DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.